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Original poster

Asked to repay mat leave pay but been made redundant

40 replies

Positive22W · 10/07/2019 20:39

Hi can anyone offer help? Im not in a union as my membership has lapsed apparently so im a bit lost...
Been made redundant from a school. Returning from maternity leave on Monday 15th july for one weekbefore summer holidays then last contracted day is 31 aug.
Been informed today that hr are stating I have been overpaid as I will not have worked 13 weeks by my end date and they will be requesting pay back. I have not been informed of this by hr in writing or in any way.
I won't be able to work 13 weeks as they have made me redundant. If they wanted me to work 13 weeks they would have had to inform me in April may. As I mentioned I have not been informed of this.
Where do I stand?
Thanks

OP posts:

RolyWatts · 10/07/2019 20:50

I'm not qualified to give you advice but I can tell you that I was made redundant whilst on maternity pay. I got enhanced maternity pay and if I resigned during my leave I would have had to pay it back. As I was made redundant I didn't have to pay back a penny.

What is the reason for your redundancy? Have you been offered another role within the organisation? Contact ACAS as soon as possible.

Teachermaths · 10/07/2019 20:53

Can you rejoin a union and ask them? Are you teaching staff? Is it an academy?

I'd definitely not pay a penny back before arguing the case vv strongly. If you've heard nothing from HR it could be bollocks.

straighttalker33 · 10/07/2019 20:57

Sorry to hear about your situation, firstly.

Was it company mat. pay you were receiving? You are not required to pay any statutory maternity pay back under any circumstances. I would request it in writing with a full breakdown of what you've been paid and what you owe back and why. I would also ask why it's only been discovered now, as they are obviously looking to cost save given the fact there are redundancies. Also, look at the maternity/redundancy policy to see if there is anything contained in it which caveats this.

straighttalker33 · 10/07/2019 20:58

Just to add, even when they do give you a breakdown, as you are involuntarily leaving they do not have the right to ask you to pay enhanced back, unless there is a clause somewhere in your contract which says otherwise.

slipperywhensparticus · 10/07/2019 20:58

Sounds like bollocks to me I got pulled in the first day of my maternity leave to be made redundant I got all my mat pay paid

Buddyelf · 10/07/2019 21:00

OP I’m pretty sure they can’t do that. I was made redundant at the same time I was due to start my maternity and I was given my whole entitled maternity pay plus redundancy pay. Call ACAS for some advice

Original poster

Positive22W · 10/07/2019 21:00

Thank you for your messages.
Reason for redundancy was restructuring. Basically my team of 3 reduced to 2 with new job title. Pastoral department in school. School is an academy.
I have called my union and even if I rejoin they can't help with this query as you have to be a member for a certain amount of time apparently. They told me to contact cab. I will contact acas tomorrow. I also need to get the info in writing from my head teacher I think...

OP posts:

CloudPop · 10/07/2019 21:02

Sorry I can't offer any useful advice but my God - this is outrageous

avalanching · 10/07/2019 21:02

Have you actually been made redundant or have they just not renewed a contract? Was your contract permanent? Have you been working over 2 years there?

Shenanagins · 10/07/2019 21:02

Ask for this in writing before doing anything.

Whilst I have not worked in this specific area for a while and therefore my advice may not be correct I do think that this would be discriminatory as only females can have a baby and take maternity leave.

Companies usually tread very carefully when making either a pregnant woman or a woman on mat leave redundant as there is so much protection.

Things to remember is that you will be entitled to payment for annual leave accrued during mat leave but not taken due to redundancy. This is subject to the usual deductions.

Any redundancy payment is tax free up to £30k.

Hopefully hr will confirm that the information given isn’t correct.

Original poster

Positive22W · 10/07/2019 21:06

Permanent contact, been there 7years.
Have been made redundant and end date is 31 Oct.
Will contact acas tomorrow and ask for written confirmation. My head teacher did imply that hr had effed up by not informing me but I can't trust she means that. She told me she would sort it but im wary...

OP posts:

superram · 10/07/2019 21:14

I was made redundant while on May leave and didn’t have to pay mat leave back.

avalanching · 10/07/2019 21:15

Then wow I really don't see how they can do that, shocking. As others say start with ACAS. Good luck, I'm appalled for you.

mumwon · 10/07/2019 21:16

www.acas.org.uk/index.aspx?articleid=1753

prisscalledwanda · 10/07/2019 21:19

I am pretty certain this is wrong. If you are made redundant when pregnant then your employer has to pay you your mat pay on top of redundancy as I understand it. By the same logic you shouldn't owe maternity back if made redundant before working your return.

There is a good website specifically on maternity rights which I am trying to remember for you, will post if I can.

Poor poor you and GOOD LUCK x

prisscalledwanda · 10/07/2019 21:21

Maternity action! That's it, worth a good read.

Nanna50 · 10/07/2019 21:21

maternityaction.org.uk/
They also have a telephone helpline and will know the answer.

ombre123 · 10/07/2019 21:26

Hiya
I'm an employment lawyer. If they are making you redundant then you are not choosing to leave. Therefore they have no legal basis to recover any overpayments from you.
Really sorry this has happened to you OP, hope you find something soon x

Original poster

Positive22W · 10/07/2019 21:36

Thank you all, really helpful info xx

OP posts:

PaquitaVariation · 10/07/2019 21:42

I was made redundant three months after I started maternity leave from a teaching post. I was paid all of my years maternity pay and my redundancy payment in one lump sum, no question about having to pay it back because I obviously had no job to go back to. This was a local authority though, not an academy, who seem to do what they please.

Toohardtofindaproperusername · 10/07/2019 21:55

Obviously you are not going to do or ask anything at this stage you have not actually been asked. I doubt you ever will get that letter . Keep your notice of involuntary redundancy close to hand!

LostInNorfolk · 10/07/2019 22:40

Have been made redundant and end date is 31 Oct.

then you will have 13 weeks back before then? You said the last date was end of July before?

avalanching · 10/07/2019 22:41

@LostInNorfolk I assumed OP meant 31st Aug as she mentioned 31st Aug earlier in the thread.

ChicCroissant · 10/07/2019 22:49

I don't think they could have asked you to come back earlier to work the 13 weeks as they are meant to assume that you are taking the whole year off unless they hear otherwise.

I would wait until you get the formal letter, as that may detail any redundancy payment that you are due.

OliviaBenson · 11/07/2019 06:20

This link might be helpful.

maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

Did you get offered a suitable alternative role?

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